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What is spousal maintenance?

Spousal maintenance is a payment made by one spouse to the other following a divorce. It is in addition to child maintenance.

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There is no automatic right to spousal maintenance. The amount of maintenance is decided based on the couple’s financial needs and income.

Spousal maintenance (interim) can start during the divorce proceedings. Once a financial settlement is agreed, longer-term spousal maintenance will begin.

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Key divorce finances information

What is a prenuptial agreement?

Also known as ‘prenups’, prenuptial agreements are written contracts that couples can enter before marriage or civil union. The prenup outlines ownership of money, assets, or property and what will happen to them in the case of divorce or dissolution.

How does spousal maintenance work?​

Different to child maintenance, spousal maintenance is a payment from one former spouse to another after divorce. The amount can change at any time and should be decided based on financial needs and income. A divorce lawyer can help you come to an agreement on how much spousal maintenance should be paid out of court.

What is a freezing order?​

Commonly used in divorce or dissolution cases, freezing orders prevent one spouse from disposing of assets until a case is resolved. This protects the other part from missing out on assets they may have matrimonial claim over.

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Who decides how much spousal maintenance I will pay/receive?

 

Your divorce lawyer will advise you of how much spousal maintenance a judge is likely to award you, and this will inform any negotiations you have.

If you are unable to agree on an amount and your case goes to court, the judge will decide how much you should receive.

Ideally, you will be able to reach an agreement without a judge having to decide the outcome.

You can consider mediation, arbitration or a Private FDR to help you reach a settlement.

 

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Meet our spousal maintenance team
Julian
Hawkhead
Senior Partner
Jemma
Slavin
Regional Director, London & South East
Louise
Chipchase
Regional Director, South West & Wales
Rachel
Roberts
Regional Director, Midlands and North
Beth
Sheridan
Managing Partner, East Midlands
Christopher
Birch
Managing Partner, Yorkshire and North East
Emma
Newman
Managing Partner, Surrey, Sussex & Kent
Helen
Miller
Managing Partner, North West
Liza
Gatrell
Managing Partner, Hampshire, Oxfordshire & Dorset
Marjha
Golding-Evans
Managing Partner, South West & Wales
Nastassia
Burton
Managing Partner, Leeds & Manchester
Phoebe
Turner
Managing Partner, London
Rachel
Watson
Managing Partner, Beds, Bucks and Herts.
Rebecca
Calden-Storr
Managing Partner, Birmingham and West Midlands
Samantha
Armour
Managing Partner, North Hampshire and Berkshire
Sebastian
Burrows
Managing Partner, Essex
Amy
Langford
Team Leader Partner, South West & Wales
Angela
Traynier
Team Leader Partner, Manchester and Liverpool
Annabel
Hayward
Team Leader Partner, Milton Keynes
Claire
Cleary
Team Leader Partner, Birmingham and West Midlands
Elaine
Morrison
Team Leader Partner, London
Emma
McMorrow
Team Leader Partner, London
Filomena
Sterkaj
Team Leader Partner, Chelmsford, Bishop's Stortford & Colchester
Florence
Ashcroft-Lane
Team Leader Partner, East Midlands
Gemma
Davison
Team Leader Partner, Head of Oxford and Banbury
Gemma
Thew
Team Leader Partner, Surrey, Sussex, Hampshire & Dorset
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Imms
Team Leader Partner, Kingston
Katie
Kilburn
Team Leader Partner, Leeds
Kate
McCarthy
Team Leader Partner, Surrey, Sussex, Hampshire & Dorset
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Roche
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Coster
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Matthew
Taylor
Team Leader Partner, North West
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Bhatiani
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Quinn
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Niamh
McCarthy
Team Leader Partner, Surrey, Sussex, Hampshire & Dorset
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Hunter
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Fisher
Team Leader Partner, South West & Wales
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Hounslow
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Alice
Price
Senior Associate, Birmingham
Barbara
Bitis
Senior Associate, Southampton
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David
Allen
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Ross
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Newton
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George
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May
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Claudia
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Rooney
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Da Silva
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Bhoolah-Bansal
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Gray
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Smith
Solicitor, Surrey, Sussex & Hampshire
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Sanderson
Solicitor, North Hampshire and Berkshire
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Goucher
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Wright
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Jade
Bray
Solicitor, North Hampshire and Berkshire
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Hargreaves
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Judith
Brock
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Julia
Francis-Owusuasefa
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Kamila
Ewa Cyran
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Burrows
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Ahad
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Kaur
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Crouch
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Gauld
Solicitor, Chelmsford
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Durkin
Solicitor, North West
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Greenwood
Solicitor, North West
Molly
Beattie
Solicitor, Newcastle
Nhu
Vo
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Dann
Solicitor, Oxford
Paula
Lucena
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Solicitor, Chelmsford
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Lodge
Solicitor, South West & Wales
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Tomley
Solicitor, Birmingham
Rebecca
Sutton
Solicitor, London
Sarah
Parkin
Solicitor, Sheffield
Shahana
Ravendradas
Solicitor, Chelmsford
Shaughney
Loveridge
Solicitor, Cheltenham
Tazaiyan
Baig
Solicitor, North Hampshire and Berkshire
Yasmin
Trow
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Yvonne
Taiwo
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Zoe
Cross
Solicitor, Leeds
Alexzandra
Hughes
Family Lawyer, Liverpool, Manchester, Chester & Wigan
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Turner
Family Lawyer, East Midlands
Nicola
Lewis
Family Lawyer, Stony Stratford
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Miles-Berry
Family Lawyer, Sheffield
Caitlin
Hall
Legal Assistant, Liverpool
Ashleigh
Balodis
Trainee Solicitor, Stony Stratford
Cristina
Bulbuc
Legal Assistant
Harpreet
Kaur
Trainee Solicitor, Bristol
Emily
Harrison-Croft
Client Services Team Lawyer
Mark
Christie
Client Services Team Lawyer
Angela
Sandhu
Paralegal, London & St Albans
Georgina
Jones
Paralegal, Stony Stratford
Nayab
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Paralegal, North West
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Kaur
Paralegal, Stony Stratford
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Langford
Legal Assistant, East Midlands
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Grant
Forensic Accountant
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Watch out for pensions! Many people fail to include these or will trade off pension claims to receive more capital from the family home, but this can lead to unfair outcomes so expert legal advice, often including an actuary’s report, is vital.

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Joanna Newton is tough, knowledgeable and dependable, she listened to me and discussed my options with me. She advised me where I stood and what my rights and my ex-husband's rights were. She gave me trusted advice about my home and financial security. I would recommend Joanna without any reservations.

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Jemma Slavin is an all-round brilliant lawyer – she is excellent with clients and well-liked by local solicitors as an opponent, not because she is an easy opponent but because she always takes a proportionate and cost-effective approach to cases. Rachel Fisher is a friendly but formidable lawyer who is extremely good for her years of PQE. Joanna… Read more Newton is a brilliant addition to the firm – a truly high-class act.‘

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I came to Matt after trying to finalise my financial settlement with my ex-husband through previous solicitors for 6 years, with no success. Matt took complete control of things, achieving a fabulous and swift result, finally allowing me to move on with my life. He was absolutely amazing and fantastic to work with.

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Matthew is Team Leader Partner and was noted in the Legal 500 for being ‘excellent’ and thinking ‘through cases very carefully to make very sound tactical decisions.’ His specialism is resolving financial issues following a divorce or separation and he frequently advises clients on cohabitation issues. He is based at our Liverpool office.

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